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Bush Moves Toward Martial Law Frank Morales
Activism News, Activism, Alternative News, Human Rights, Issues, Peace, Peace Portal Get Active!
05/13/2009 11:54:10 AM -0700
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Is Martial Law Around the Corner? |
We must not forget about last October 26, 2006...
Senator Patrick Leahy (D-Vermont) entered into the Congressional Record that he had "grave reservations about certain provisions of the fiscal Year 2007 Defense Authorization Bill Conference Report," the language of which, he said, "subverts solid, longstanding posse comitatus statutes that limit the military's involvement in law enforcement, thereby making it easier for the President to declare martial law." This had been "slipped in," Leahy said, "as a rider with little study," while "other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals."
In a stealth maneuver, President Bush has signed into law a provision which, according to Senator Patrick Leahy (D-Vermont), "will actually encourage the President to declare federal martial law." It does so by revising the Insurrection Act of 1807, a set of laws that limits the president's ability to deploy troops within the United States. The Insurrection Act (10 U.S.C.331- 335) has historically, along with the Posse Comitatus Act of 1878 (18 U.S.C.1385), helped to enforce strict prohibitions on military involvement in domestic law enforcement. With one cloaked swipe of his pen, Bush has done much to undo those prohibitions.
...Public Law 109-364,
or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which
was signed by the commander in chief on October 17th, 2006, in a private
Oval Office ceremony, allows the President to declare a "public emergency"
and station troops anywhere in America and take control of state-based
National Guard units without the consent of the governor or local
authorities, in order to "suppress public disorder."
President Bush seized this unprecedented power on the very same day that he
signed the equally odious Military Commissions Act of 2006. In a sense, the
two laws complement one another. One allows for torture and detention
abroad, while the other seeks to enforce acquiescence at home, preparing to
order the military onto the streets of America. Remember, the term for
putting an area under military law enforcement control is precise; the term
is "martial law."
...Make no mistake about it: the de-facto repeal of the Posse Comitatus Act
(PCA) is an ominous assault on American democratic tradition and
jurisprudence. The 1878 Act, which reads, "Whoever, except in cases and
under circumstances expressly authorized by the Constitution or Act of
Congress, willfully uses any part of the Army or Air Force as a posse
comitatus or otherwise to execute the laws shall be fined under this title
or imprisoned not more than two years, or both," is the only U.S. criminal
statute that outlaws military operations directed against the American
people under the cover of 'law enforcement.' As such, it has been the best
protection we've had against the power-hungry intentions of an unscrupulous
and reckless executive, an executive intent on using force to enforce its
will.
...Despite the unprecedented and shocking nature of this act, there has been
no outcry in the American media, and little reaction from our elected
officials in Congress. On September 19th, a lone Senator Patrick Leahy
(D-Vermont) noted that 2007's Defense Authorization Act contained a "widely
opposed provision to allow the President more control over the National
Guard [adopting] changes to the Insurrection Act, which will make it easier
for this or any future President to use the military to restore domestic
order WITHOUT the consent of the nation's governors."
...The historic and ominous re-writing of the Insurrection Act, accomplished
in the dead of night, which gives Bush the legal authority to declare
martial law, is now an accomplished fact.
...It has become clear in recent months that a critical mass of the American
people have seen through the lies of the Bush administration; with the
president's polls at an historic low, growing resistance to the war Iraq,
and the Democrats likely to take back the Congress in mid-term elections,
the Bush administration is on the ropes. And so it is particularly worrying
that President Bush has seen fit, at this juncture to, in effect, declare
himself dictator.
Source:
(1)
http://leahy.senate.gov/press/200609/091906a.html and http://leahy.senate.gov/press/200609/092906b.html
See also, Congressional Research Service Report for Congress, "The Use of
Federal Troops for Disaster Assistance: Legal Issues," by Jennifer K. Elsea,
Legislative Attorney, August 14, 2006
(2)
http://www.govtrack.us/congress/bill.xpd?bill+h109-5122
(3) Journal of Counterterrorism & Homeland Security International, "Recent
Contract Awards", Summer 2006, Vol.12, No.2, pg.8; See also, Peter Dale
Scott, "Homeland Security Contracts for Vast New Detention Camps," New
American Media, January 31, 2006.
(4) "Technology Transfer from defense: Concealed Weapons Detection",
National Institute of Justice Journal, No 229, August, 1995, pp.42-43.
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